Stress-related leave: these are the requirements needed to request it – Online Psychologists

He work stress It is an increasingly common problem among Spanish workers, which is causing more and more sick days. Disorders such as depression, anxiety and stress have been growing exponentially for years. However, the coronavirus pandemic has significantly aggravated the problem.

So much so that, according to data from the National Institute of Statistics (INE) 60% of workers say they are stressed because of workFurthermore, it is estimated that approximately 50% of sick leave is due to a mental disorder.

However, many people prefer not to say that they suffer from stress at work. They fear being discriminated against or firedUnfortunately, there is still a stigma surrounding mental health problems that prevents people from speaking freely about them.

However, you should be aware that You have the right to request sick leave due to stress. Below we will tell you what it is, how to apply for it, what types of leave there are, what requirements you have to meet and much more.

What is stress leave?

Stress leave is a type of sick leave during which the worker is unable to perform the tasks corresponding to his or her job due to psychological discomfort.

As with any other type of leave, it is necessary for a doctor confirm that the stress is severe enough to make it difficult or completely impossible to perform tasks.

Stress is a problem that affects a large part of the population and it can appear for both personal reasons (family problems, money problems, love problems) and work-related reasons (bad relationships with colleagues, workplace harassment, insecurity).

How to apply?

If you feel like you can't take the pressure any longer and the prospect of going to work seems like hell, it may be time to ask for sick leave.

Stress can manifest itself in many ways. Sometimes it does so through physical symptomssuch as stomach pain, gastrointestinal disorders or skin problems. Others, through psychological symptomssuch as intrusive thoughts, concentration problems, blockage or irritability.

Whatever it is, You need a doctor to recognize the symptoms of stress and diagnose it for you.If the cause of the problem is work-related, the mutual insurance company will be responsible for managing the leave.

Types of stress leave: common and professional contingencies

Depending on the origin of the problem, we can find two types of sick leave:

  • Sick leave due to common contingencies: The stressful situation that gave rise to the problem is not work-related. In this case, sick leave is not paid until the fourth day of sick leave.
  • Sick leave due to occupational contingencies: The origin of the disorder is related to work activity. Workplace harassment is one of the most common causes. In this case, the mutual insurance company is responsible for paying the employee's sick leave, which will begin to be paid one day after the sick leave has been recognized.

Requirements for requesting sick leave due to stress

  • Be registered with Social Security.
  • Keep up to date with the payment of social contributions, in the case of being autonomous.
  • Having contributed 180 days to Social Security during the previous five years, if the sick leave is a common contingency. If it is an occupational contingency, it is not necessary to have contributed a minimum number of days.

How long can I be off work?

Initially, sick leave has a maximum duration of one yearHowever, the family doctor or the mutual insurance company can grant the worker a six-month extension if they consider that the problem persists.

If after these six months the worker is not able to return to work, a Medical Court will study the case to consider the possibility of granting him/her the permanent disability.

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How much will I get paid?

  • Sick leave due to occupational contingencies: The amount starts to be paid one day after the sick leave is recognised. The minimum amount is 75% of the contribution base.
  • Sick leave due to common contingencies: During the first three days of sick leave, the worker will not receive any benefits. From the fourth day until the twentieth, he will receive at least 60% of the contribution base. From the 21st day, he will receive 75% of the contribution base.

In both cases the amount may be higher if so established by the collective agreement.

Dealing with work stress involves not only seeking external solutions, but also developing the internal ability to manage pressure and maintain a balance between productivity and personal well-being.

Javier Urra

What happens if I am discriminated against for being on sick leave?

No company can deny its workers the right to take justified leave.

If you are fired without any reason while you are on sick leave, we will be facing a unfair dismissal And if you are not re-admitted, the employer must compensate you for this.

If your fear is that your colleagues will discriminate against you because of the state of your mental health, you should know that the reason for your sick leave may be confidential. The only requirement is that a doctor recognizes that you are unable to work, but no one else needs to know that.

If you struggle with stress, you should know that at we can help you. At we have been experts in online therapy since 2012. Throughout our career we have helped more than 2,000 patients overcome various emotional problems. If you are interested in seeking the help of an online psychologist, you can request a free first session by clicking on the button below.

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